Terms of Service

This page outlines the Terms of Service (hereafter the "Agreement") under which the Services provided by eDirect Publishing, Inc. in association with Resume Rabbit (hereafter the "Services") and the Resume Rabbit Resume Promotion Web Site (hereafter the "Site") are provided to you.

Please read this page carefully. By using the Site and/or paying for the Services, you are indicating your acceptance to be bound by this Agreement. If you're unwilling to be bound this Agreement, do not use this Site or pay for Services.

For purposes of this Agreement, the term "Resume Rabbit" shall include eDirect Publishing Inc., their officers, agents, vendors, employees and affiliates. Please note that Resume Rabbit may revise the Agreement at any time by updating this posting. You should visit this page periodically to review the Agreement, as it is binding upon you.

By entering into this Agreement you further acknowledge your understanding and acceptance of Resume Rabbit's information gathering, use and dissemination practices as outlined in our Privacy Policy.

One-Stop Resume Posting

In exchange for its standard fees, Resume Rabbit's One-Stop Resume Posting service will easily and automatically post a customers resume information and job requirements to a growing number of 3rd party career web sites ("Career Sites") using one single online form. In most cases postings occur within 24 to 48 hours of sign up.

Online Order Interactions

Step 1. The Site asks you for contact and other personal information, your desired job requirements and your relevant experience (collectively "Personal Information") which will be electronically reformatted and submitted to various Career Sites.

Step 2. Next you're asked for billing contact information, credit card information, and/or bank account information (collectively "Payment Information") which is captured, validated and submitted using VeriSign's Online Payment Processing, a secure server and SSL encryption. Prior to pressing a button to submit payment you must pro-actively acknowledge that you have read, understand and agree to this Agreement.

Step 3. Upon payment authorization we'll email a purchase confirmation notice with a web site address where you can amongst other things: check the status of each Career Site posting using a page known as the "Real-Time Resume Posting Report" or "Posting Report", contact us, review our Terms of Service and review our Privacy Policy.

Step 4. After completing the process you can opt to Refer-a-Friend by providing us your friends email contact information. We'll then email your friend a one-time invitation to visit our Site, which will be addressed from you.

Patents

One or more patents apply to this site and to the features and services accessible via the site, including without limitation: US Patent Nos. 6,363,376 and 6,757,674; and all corresponding foreign counterparts.

Intellectual Property Rights

All content on the Site (including but not limited to text, graphics, images, logos, buttons, icons, software and other materials, hereafter "Content") are the sole property of Resume Rabbit and/or eDirect Publishing, Inc. and is protected by U.S. copyright and international treaties. eDirect Publishing, Inc. authorizes you to view and download a single copy of the Content on the Site solely for your personal, noncommercial use. Unauthorized use of the Content may violate copyright, trademark and other laws. You must retain all copyright, trademark, service mark, and other proprietary notices contained in the Content on any copy you make of the Content. You may not reproduce, modify, display, sell, or distribute the Content, or use it in any other way for public or commercial purpose. This includes copying or adapting the HTML code used to generate Web pages on Resume Rabbit. Additionally attempting to decipher, recompile, disassemble or reverse engineer any of the software comprising or in any way making up a part of the Site or service is expressly prohibited.

"Resume Rabbit," Resume Posting Service designs, copy, graphics and logos and certain other names or logos are service marks or trademarks of eDirect Publishing, Inc. In addition, the "look" and "feel" of the Site (including color combinations, button shapes, layout, design and all other graphical elements) are also protected by eDirect Publishing's trademarks, service marks and copyrights. All other product and service marks contained on the Site are the trademarks of their respective owners.

Acceptable Use of The Site

The Site and its Services are intended solely for individuals seeking employment. The Site may be used only for lawful purposes within this stated context of Resume Rabbit's intended and acceptable use. Resume Rabbit holds the sole and exclusive right to interpret the meaning and definition of "acceptable use".

As one of the conditions of your use of the Site and Service, you represent, warrant and agree that you will not use (or plan, encourage or help others to use) the Site for any purpose or in any manner that is prohibited by this Agreement or by applicable law. It is your responsibility to ensure that your use of the Site complies with This Agreement.

Security Rules

Users are prohibited from violating or attempting to violate the security of the Site, including, without limitation: accessing data not intended for such user or logging into a server or account which the user is not authorized to access; attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization; attempting to interfere with service to any user, host or network, including, without limitation, via means of submitting a virus to the Site, overloading, "flooding", "mail bombing" or "crashing"; sending unsolicited e-mail, including promotions and/or advertising of products or services; forging any TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting.

Use of any device, software or routine to interfere or attempt to interfere with the proper working of the Site or services of Resume Rabbit, or taking any action which imposes an unreasonable or disproportionately large load on the Site's infrastructure or the infrastructure of Resume Rabbit is expressly prohibited.

Violations of these Security Rules may result in civil or criminal liability. Resume Rabbit will investigate occurrences that may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting users who are involved in such violations.

Username and Password

You are responsible for maintaining the confidentiality of your information, username and password. You shall be responsible for all uses of your registration, whether or not authorized by you. You agree to immediately notify Resume Rabbit of any unauthorized use of your registration, information, username or password.

Agency Relationship

By using the Site and Service you acknowledge that you have pro-actively hired Resume Rabbit to act on your behalf, as your Agent (hereafter "Agency Relationship"), to create accounts and post your Personal Information on the Career Sites and web portals, subject to the terms, conditions, rules and regulations governing the services provided by each of these sites.

You hereby further convey to Resume Rabbit power of attorney to sign on your behalf (whether on paper or digitally) specifically indicating to each of these Career Sites that you have read, understood and agree to abide by their terms, conditions, rules and regulations. Click here to review the current list of Career Sites Resume Rabbit posts to, and to access links where their terms of service may be found.

You additionally acknowledge your understanding that Resume Rabbit has standardized its web based information gathering forms (hereafter "Forms") in order to make easy the re-posting of your Personal Information on the various web forms and in the various formats required by the various Career Sites. With this understanding you further authorize Resume Rabbit to make its best efforts to interpret some of your answers to questions provided on the Forms in order to re-post whatever information Resume Rabbit believes, in its sole discretion, are substantially similar answers amongst the available choices on the various Career Sites.

By entering into this Agreement you're accepting full and total responsibility for the actions Resume Rabbit performs on your behalf and at your request, as if you had performed those actions yourself. Your further acknowledge and agree that you will take full responsibility and are personally liable for any consequences arising from the use of the Site and Services and from this Agreement.

Length of Service

Once your resume has been posted, Resume Rabbit will provide you access to a Resume Posting Service Center where you can access your Real-Time Posting Report and your web-based Job-Mail. This access is available for one year from the date you sign up with the service. Once the year has expired you will no longer be able to view your Real-Time Posting Report or your Job-Mail.

Posting Your Resume Confidentially

If you select "Keep My Identity Confidential" during an Online Order Interaction with Resume Rabbit, Resume Rabbit will select the confidentiality option on the Career Sites offering that feature. For sites that do not offer a confidentiality feature, Resume Rabbit will replace your personally identifiable information as follows:

"First Name & Last Name" are replaced with "Confidential User"
"Street Address" is replaced with "Address Withheld"
"Phone Number" is replaced with "A/C-555-1212"
"Most Recent Company" is replaced with "Confidential".

Additionally, it is recommended you remove all unwanted personal information from the "cut and paste" version of your resume and cover letter, as these will be posted exactly as you provide them via the Forms.

NOTE: These practices may conflict with the Terms of Service listed on some Career Sites. If you choose to use this feature you must agree to do so at your own risk. To visit and review the terms of service on these sites, click here.

Job Search Agents

Job Agents are automated search engines at Career Sites that search for job openings matching criteria given them and then email leads of matching jobs to the email address provided to the Career Site.

For Non-Paid Customers

Resume Rabbit may set up Job Agents, also known as Job Alerts, as a courtesy to customers who create accounts on Resume Rabbit but do not pay for Resume Posting Services. These Job Agents can be edited, modified or deleted at any time.

For Paid Customers

Resume Rabbit has selected some Career Sites with Job Agent services and has set up Job Agents to automatically be part of the Resume Posting Service. Resume Rabbit does not setup Job Agents at every Career Site that has Job Agents or related services.

Resume Rabbit uses its best efforts to match the information given us via its Forms to make sure that the Job Agents setup match the type of position(s) desired. Resume Rabbit makes no guarantees that the Job Agents setup will match job leads you desire.

Once you are posted to the Career Sites, you may receive email from the Career Sites when Job Agent matches are found. It is your responsibility to refine the job search criteria used by the Job Agents, if you desire to do so.

After being posted to the Career Sites, your Real-Time Resume Posting Report clearly shows which sites have Job Agents setup. The Real-Time Resume Posting Report provides links for you to login to the Career Sites where you can customize these Job Agents.

For more information on this feature please review our Privacy Policy.

Email Services

Managed Email

For your privacy, security and protection, we create a unique job search email address for you on our westpost.net email servers (your "Managed Email Address"). This new email will be used as part of your contact information whenever an email address is required in the promotion of your resume. By using this Service you understand and consent to the replacement of any email address provided by you with your Managed Email Address for the purposes of promoting your resume, whether provided in the body of your resume or otherwise.

Spam Filtering & Job-Mail Web-Based Email Service

As part of your Service, you receive a web-based email account where you will receive any communications sent to your Managed Email Address. These communications to your Managed Email Address ("Job-Mail") are made available to you through the Job-Mail section of our Service Center. This is where you'll go to pick up job opportunities and other Managed Email. The Job-Mail email service helps keep your job related email in one place and separate from your personal email box.

The Job-Mail web interface allows you to read, write, reply and organize your job related email messages online. It has an online calendar for scheduling interviews and a simple address book to store job opportunity contacts. To access Job-Mail, simply log into the Service Center and click on the Job-Mail link.

Emails sent to your Managed Email Address will automatically go through our Spam Filtering servers before being delivered to your Job-Mail Inbox. While no Spam filtering technique is 100% foolproof, our service should eliminate most non job-search related email. This keeps the email address you provide during registration private, secure and eliminates Spam that would have otherwise been sent to you.

Privacy of Your Communications

Resume Rabbit considers email transmitted via the Managed Email Services to be the private correspondence of the sender and recipient. Resume Rabbit generally will not monitor, review or disclose the contents of your Managed Email correspondence, except: (a) as required by law; (b) if necessary to enforce this Agreement; (c) to respond to claims that such contents violate the rights of third parties; (d) as necessary for the maintenance, monitoring and quality assurance of the operations of the Site or Services; or (e) to protect the rights, or property of Resume Rabbit, its third party service providers, or others.

Limitations on Use of Email Services

Managed Email and related Services are made available to you for your personal use only and solely for the purpose of facilitating job search related correspondence resulting from the use of the Resume Rabbit Resume Promotion Services. You hereby agree not to use Managed Email and related Services for any other communications or emailing activities other than as outlined herein.

You agree: (a) not to use the Services for illegal purposes; (b) not to interfere with or disrupt the Services or servers or networks connected to the Services; (c) to comply with all requirements, procedures, policies, and regulations of networks connected to the Services; and (e) to comply with all applicable laws regarding the transmission of technical data exported from the United States.

You further agree not to upload, post, email, or otherwise transmit through the Services: (a) any unlawful, harassing, libelous, privacy invading, abusive, threatening, harmful, vulgar, obscene, indecent, tortuous, or otherwise objectionable material of any kind; (b) any material that violates the rights of another, including, but not limited to, the intellectual property rights of another; (c) any material that violates any applicable local, state, national, or international law or regulation; or (d) unsolicited or unauthorized advertisements, promotional materials, "junk mail," "spam," "chain letters," or other forms of solicitation. (e) any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;

General Email Services Provisions

Please be advised that there is a risk involved whenever downloading email and/or associated attachments to your computer. Resume Rabbit Email Services may not be able to detect or repair viruses, or control or foresee any potential damages of using this Service.

Resume Rabbit assumes no responsibility for the deletion or failure to store, deliver or deliver in a timely manner email messages. Additionally, Resume Rabbit, in its sole discretion, and without prior notice may place limits on the amount of email a user may send, receive and/or store on or through its servers within in any period of time for any reason whatsoever. Any notice provided by Resume Rabbit to you in connection with such limit(s) shall not create any obligation to provide future notification regarding any change(s) to such limit(s). Resume Rabbit additionally retains the right to deactivate any Managed Email Address account or related service, with or without prior notice, for any reason without any liability whatsoever and you hereby release Resume Rabbit from any such liability.

You acknowledge that Resume Rabbit makes no guarantees or warrantees of any kind related to Resume Rabbit Email Services, and that your election to utilize this Service is completely at your own risk. Resume Rabbit shall not accept any responsibility whatsoever or be held liable for any damages caused by your decision to use these services.

You further acknowledge and agree that you are solely responsible for all acts or omissions that occur under your Resume Rabbit account or password, including the content of your transmissions through Job-Mail and related Services, and that Resume Rabbit may recover damages from you if you violate any of the terms of this Agreement.

Indemnification

By using the Services you agree to defend, indemnify and hold harmless Resume Rabbit from and against any claims, actions or demands, including without limitation reasonable legal and accounting fees, alleging or resulting from this Agreement, your breach of this Agreement, your use of the Site and Services, the provision by you of any Content to the Site or other Career Sites, or the Agency Relationship. Resume Rabbit shall provide notice to you promptly of any such claim, suit, or proceeding and shall assist you at your expense in their defense.

Release and Limitations of Liability

You further agree to release Resume Rabbit from any claims, demands and damages (actual, consequential, direct and indirect) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with this Agreement or the Agency Relationship. If you are a California resident, under this Agreement you are additionally waiving your rights under California Civil Code 1542 which says, "A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor."

IN NO EVENT SHALL RESUME RABBIT BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, INCIDENTAL AND CONSEQUENTIAL DAMAGES, LOST PROFITS, INCOME, OR DAMAGES RESULTING FROM LOST DATA, LOST EMPLOYMENT OPPORTUNITIES, OR BUSINESS INTERRUPTION) RESULTING FROM THE USE OR ACCESS TO, OR THE INABILITY TO USE OR ACCESS, SITE AND THE CONTENT AND/OR ANY DOCUMENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT RESUME RABBIT IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF THIS EXCLUSION OR LIMITATION OF LIABILITY IS HELD INAPPLICABLE OR UNENFORCEABLE FOR ANY REASON, THEN RESUME RABBIT'S MAXIMUM LIABILITY FOR ANY TYPE OF DAMAGES SHALL NOT EXCEED THE AMOUNT PAID BY YOU FOR THE SERVICES PROVIDED HEREUNDER.

Warranties

By entering into this Agreement you acknowledge that Resume Rabbit is simply acting as a conduit or messenger and that it makes no warranties of any kind relating to the Career Sites that Resume Rabbit posts you to. Resume Rabbit will simply pass through information provided by you and will not verify the accuracy of that information nor accept any responsibility for your activities or conduct.

Resume Rabbit is not an employment agency or recruiting firm. Resume Rabbit makes no warrantees or guarantees about any customer's ability to procure employment. Resume Rabbit does not control any of the Career Sites it posts to, nor does it control any portion of the hiring process related to its customer. Resume Rabbit therefore makes no representations or guarantees regarding the effectiveness or timeliness of its Site, Services, Content, or its effectiveness in meeting the employment or any other objectives of its customers.

Furthermore nothing on the Site shall be considered an endorsement, representation, assumption of responsibility or warranty with respect to any third party, whether in regards to their web site, products, technologies, services, business practices or otherwise.

Additionally, Resume Rabbit makes no warranties of any kind related to its standardization and interpretation of the information gathered in its Forms in order to provide information to Career Sites. You acknowledge and agree that accuracy of your Personal Information on Career Sites is your sole responsibility, and that Resume Rabbit is not responsible for correcting, changing or modifying any information provided to 3rd parties on your behalf.

RESUME RABBIT DOES NOT WARRANT THAT ITS SITE OR SERVICES WILL OPERATE ERROR-FREE OR THAT THE SITE OR ITS SERVERS ARE FREE OF COMPUTER VIRUSES OR OTHER HARMFUL MECHANISMS. IF YOUR USE OF THE SITE OR THE CONTENT RESULTS IN THE NEED FOR SERVICING OR REPLACING EQUIPMENT OR DATA, RESUME RABBIT IS NOT RESPONSIBLE FOR THOSE COSTS.

YOU ASSUME FULL RESPONSIBILITY AND RISK FOR USE OF THIS SITE AND THE INTERNET IN GENERAL. THE SITE AND CONTENT ARE PROVIDED ON AN "AS IS" BASIS WITHOUT ANY WARRANTIES OF ANY KIND. RESUME RABBIT, TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING THE WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. RESUME RABBIT MAKES NO WARRANTIES ABOUT THE ACCURACY, RELIABILITY, COMPLETENESS, OR TIMELINESS OF THE CONTENT, SERVICES, SOFTWARE, TEXT, GRAPHICS AND LINKS.

Grants

By submitting your Personal Information to the Site you automatically grant Resume Rabbit the royalty-free, perpetual, irrevocable, non-exclusive, transferable right and license to use, reproduce, modify, adapt, publish, distribute, translate, create derivative works from, distribute, perform and display such Personal Information (in whole or part) worldwide or to incorporate it in other works in any form, media, or technology now known or later developed, without restriction or compensation. In addition, you warrant that all so-called "moral rights" in the Personal Information have been waived.

General Provisions

International Access: eDirect Publishing, Inc. is based in San Diego County, California. eDirect Publishing, Inc. makes no claims that the Content of its Site is appropriate or legal to be viewed by certain persons or in certain countries. If you access the Site or Services from outside of the United States, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction.

Partial Validity: If any provision of this Agreement is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of this Agreement, which shall remain in full force and effect. No waiver of any term of this Agreement shall be deemed a further or continuing waiver of such term or any other term.

Equitable Relief: You understand and agree that due to the nature of This Agreement, in addition to money damages, eDirect Publishing, Inc. will be entitled to equitable relief upon a breach of this Agreement by you.

Governing Law: This Agreement is governed by the laws of the State of California without respect to its conflict of laws principles. Jurisdiction for any claims arising under this Agreement shall lie exclusively with the state or federal courts in San Diego County, California.

Headings: Headings used in this Agreement are provided for convenience only and shall not be used to construe meaning or intent.

Entire Agreement: Except as expressly provided in a particular Legal Notice, Software License or other notices or Content published on the Site, these terms represent the entire binding Agreement between us, and our respective successors and assigns, and supersede any and all prior understanding, statements or representations, whether electronic, oral or written, regarding Resume Rabbit, the Site, or Services.

Digital Admissibility: You hereby agree that a printed version of this Agreement and of any other notice given in electronic form by Resume Rabbit or in the Site, which is based upon or relating to this Agreement, shall be admissible in judicial or administrative proceedings and subject to the same conditions as other agreements, business documents or records originally generated, entered into, signed or maintained in printed form.

Additional Terms of Use

Certain areas of this Web Site and additional services provided are subject to additional terms of use. By using such areas or any part thereof, you agree to be bound by the additional terms of use applicable to such areas.

Questions Related to Terms of Use

Questions concerning our Terms and Conditions should be addressed by contacting us here or by postal mail at: